Major Multi-Family Residential, Mixed-Use & Commercial Projects

If you are planning a new major residential, mixed-use development or large-scale commercial or industrial project, you may need one or more Planning entitlements from the City, in addition to Building Permits. Depending on the size, nature, and zoning district of your property, your project will likely require a multi-step review process and public hearings.

In addition to other possible required approvals, the project must obtain Design Review and related approvals from the Bureau of Planning prior to applying for Building Permits. Building Permits and all related Mechanical, Electrical or Plumbing (MEP) permits for work on the property must be obtained before any construction work begins. Please note that for new business activities that will be approved as part of this project, either a Zoning Clearance and/or a Conditional Use Permit (multi-month approval) may be required.

Depending on the scope of the project, separate permits may also be required from the Oakland Department of Transportation, Oakland Fire Department, and Oakland Public Works.

Who Can Apply for Permits

1. Contractors, developers, architects, designers, project managers or commercial tenants.
2. Owners of a building or their legal representative.

Who Can Be Issued Permits

1. Contractors who are licensed by the State of California with a classification appropriate for the work that will be performed and have a current Business Tax Certificate.
2. Owners of a building or their legal representative.

Environmental Review

The California Environmental Quality Act (CEQA) requires state and local agencies to identify any significant environmental impacts from certain projects. As part of the Bureau of Planning’s review of your application, staff will determine what type of environmental review is needed for your project and will provide you with information about the fees and time required to complete the review.

We've also developed an Equitable Climate Action Plan Project Consistency Checklist(PDF, 238KB) to help determine whether your development project complies with the City of Oakland's Equitable Climate Action Plan (ECAP) and the City’s greenhouse gas (GHG) emissions reduction targets. CEQA Guidelines require the analysis of GHG emissions and potential climate change impacts from new development.

Public Notification

Public notice is required under the Planning Code for discretionary projects. Notification is typically sent to owners and occupants of properties located within 300 feet of the project location.

If your project meets any ONE of the following criteria, a Pre-Application is recommended:

1. The project consists of 100,000+ square feet of non-residential development, citywide;
2. The project consists of 325+ residential units within the Downtown (any area zoned Central Business District);
3. The project consists of 125+ residential units in an area not zoned Central Business District;
4. Any Planned Unit Development, preliminary or final;
5. Tentative Tract Maps resulting in 25+ new lots;
6. Any entitlement that also has accompanying legislation (Development Agreement, Rezoning, General Plan Amendment, etc.)

For projects meeting any of the above criteria, please submit a Pre-Application(PDF, 328KB) through our Online Permit Center (see Step One below).

Pre-Application Meeting:

A pre-application meeting is a formal inter-departmental review process with an application and fee. This meeting provides an opportunity for applicants to receive feedback from City staff on complicated projects or proposals. As noted above, some projects require a pre-application meeting; however, a pre-application meeting is strongly recommended for complex projects. Please call (510) 238-3911 for more information.

The following 1 to 3-story multifamily housing (5+ units) and mixed-use projects are now eligible for faster "Ministerial" Design Review using Objective Design Standards!

• 5-30 residential units (they do not need to be affordable)
• 100% affordable housing projects
• S-13 Affordable Housing Combining Zone and S-14 Housing Sites Combining Zone projects
• SB 35, SB 330, SB 684, AB 2162, SB 9, and AB 2011 state-required projects

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a building footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1-30 units, the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties.

IMPORTANT NOTE: To be eligible for faster "Ministerial" Design Review, your project must NOT require a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA). In addition, your project must not fall into one of the project categories listed in 17.136.038.A.5 that are not eligible for Ministerial Design Review.

If your project has 31 or more units but is not any of the bulleted project types above (such as 100% affordable, S-13, S-14, or state-required project) and has none of the above-listed conditions (CUP, Variance, PUD, or DA), it may go through Regular Design Review using Objective Design Standards, which still eliminates subjective discretion by the Planning Bureau. Otherwise, your project must go through Regular (Discretionary) Design Review.

For details, see the Applicability section in the 1- to 3-Story Multifamily or Mixed-Use Objective Design Standards Guide and Checklist(PDF, 2MB).

The following 4 to 8-story multifamily housing (5+ units) and mixed-use projects are now eligible for faster "Ministerial" Design Review using Objective Design Standards!

• Housing projects with 5-30 residential units (they do not need to be affordable)
• 100% affordable housing projects
• S-13 Affordable Housing Combining Zone and S-14 Housing Sites Combining Zone by-right review
• SB 35, SB 330, SB 684, AB 2162, SB 9, and AB 2011 state-required projects

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a building footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1-30 units, the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties.

IMPORTANT NOTE: To be eligible for faster "Ministerial" Design Review, your project must NOT require a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA). In addition, your project must not fall into one of the project categories listed in 17.136.038.A.5 that are not eligible for Ministerial Design Review.

If it has 31 or more units but is not any of the bulleted project types above (such as 100% affordable, S-13, S-14, or state-required project) and has none of the above-listed conditions (CUP, Variance, PUD, or DA), it may go through Regular Design Review using Objective Design Standards, which still eliminates subjective discretion by the Planning Bureau. Otherwise, your project must go through Regular (Discretionary) Design Review.

For details, see the Applicability section in the 4- to 8-Story Multifamily or Mixed-Use Project Objective Design Standards Guide and Checklist(PDF, 1MB).